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How does Colorado’s no-fault divorce policy affect your split?

On Behalf of | Feb 26, 2022 | Divorce | 0 comments

Separation is hard enough without defining on paper why your marriage failed. But when you file for divorce, noting the reason for your breakup on a form is necessary. “Irreconcilable differences” sounds cliche, but it is the only way you can file in some states.

Colorado is one state that has a no-fault divorce policy. Taking this out of the equation can help ease tensions, but does it help your case?

What is a no-fault divorce?

A no-fault divorce means that, from a legal standpoint, no one is to blame for your split. The paperwork will show that the marriage broke beyond repair, but it will not say why. The conditions of the separation do not matter in the eyes of the court. They will allow your union to dissolve without proof of adultery, abandonment or other misconduct.

What determines the division of assets?

While Colorado does not recognize marital fault, they do recognize economic fault. If one partner mishandled money throughout the relationship, this could play a role in how a court divides your belongings. But, these instances must be extreme to make a difference in proceedings. A judge distributes assets as equally as possible between both parties in most cases.

Who pays child support in a no-fault divorce?

Your reasons for parting ways have no impact on child support decisions in Colorado. The courts will determine child support orders using a specific calculation. They will consider children’s time spent with each parent and both spouses’ incomes.

Ending a marriage is messy, but a no-fault divorce makes filing slightly less complicated.